Law of the People's Republic of China on Promotion of Agricultural Mechanization (2018 Amendment)

Law of the People's Republic of China on Promotion of Agricultural Mechanization (2018 Amendment) Law of the People's Republic of China on Promotion of Agricultural Mechanization (Adopted at the 10th meeting of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 25, 2004; and amended in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animalsadopted at the 6th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on October 26, 2018) Contents Chapter I General Provisions Chapter II Scientific Research and Development Chapter III Quality Safeguard Chapter IV Popularization and Use Chapter V Socialized Services Chapter VI Supporting Measures Chapter VII Legal Liabilities Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 The present Measures are hereby formulated for the purpose of encouraging and supporting farmers and agricultural production and management organizations to use the advanced and applicable agricultural machinery to promote the agricultural mechanization and build modern agriculture. Article 2 The “Agricultural Mechanization” as mentioned in this Law shall refer to the process of applying the advanced and applicable agricultural machineries to equip agriculture, improve the agricultural production and management conditions, and continuously enhance the level of production technology of agriculture and economic benefits and ecological benefits. The “Agricultural Machinery” as mentioned in this Law shall refer to the machines and equipment applied to the farm production and the primary processing of the products thereof, and other relevant farming activities. Article 3 The people's governments at or above the county level shall bring the agricultural mechanization into the plan of national economic and social development, and take such measures as financial backing and implementation of the preferential tax policies as prescribed by the state and financial support, etc., to increase the capital investment into the agricultural mechanization step by step, bring into full play the role of market mechanism, and promote the development of agricultural mechanization in light of the principle of adjusting measures to local conditions, ensuring economy and availability, safeguarding security, and protecting environment. Article 4 The state guides and supports farmers and agricultural production and management organizations to choose advanced and applicable agricultural machinery by themselves. No entity or individual may force any farmer or agricultural production and management organization to purchase the products of agricultural machinery designated by this entity or individual. Article 5 The state takes measures to carry out publicity and education on the scientific and technological knowledge of agricultural mechanization, and trains professional talents for agricultural mechanization, so as to push forward the agricultural mechanization information service, and improve the level of agricultural mechanization. Article 6 The competent administrative department of agriculture of the State Council and other departments in charge of the relevant work of agricultural mechanization shall, according to their own division of responsibilities, cooperate closely with each other to do a good job of promoting agricultural mechanization. The competent departments in charge of the work of agricultural mechanization and other relevant departments of the local people's governments at or above the county level shall, according to their own division of responsibilities, cooperate closely with each other to do a good job of promoting agricultural mechanization within their own administrative regions. Chapter II Scientific Research and Development Article 7 The people's governments at or above the provincial level and their relevant departments shall organize the relevant entities to take such measures as tackling key problems in technology, experiment, demonstration, and etc. to accelerate the scientific research of agricultural machinery of a fundamental, key and public welfare nature and the popularization and application of the advanced and applicable agricultural machinery. Article 8 The state supports the relevant scientific and research institutions and colleges and universities to strengthen scientific and technological research of agricultural mechanization, make research on and develop advanced and applicable agricultural machinery in light of different production conditions and demand of farmers; and supports the combination of the scientific research and teaching of agricultural mechanization with the production and popularization thereof, so as to enable the agricultural machinery to meet the requirements of the development of agricultural production technology. Article 9 The state supports the producers of agricultural machinery to develop advanced and applicable agricultural machinery, adopt advanced technology, advanced techniques and advanced materials to improve the quality and technical level of the products of agricultural machinery, reduce the production cost, so as to provide series, standard and multi-functional products of agricultural machinery with high quality, energy saving character and reasonable prices. Article 10 The state supports the introduction and use of advanced agricultural machinery, key components and fittings and technology, and encourages the introduction of foreign investment to undertake the research, development, production and management of agricultural machinery. Chapter III Quality Safeguard Article 11 The state strengthens the establishment of agricultural mechanization standard system, formulates and improves the standards for the agricultural machinery product quality, maintenance quality and operating quality, etc.. For those products of agricultural machinery involving such technical requirements as the personal safety, farm produce quality safety and environmental protection, the state shall formulate mandatory technical specifications in accordance with the relevant laws and administrative regulations. Article 12 The market regulatory department shall ......